10/17/09
Goochland, Virginia
From the Goochland Courier of October 15, 2009
Late night antics lead to charges
Werewolves aren't the only things to be wary of during a full moon.
After a month of little crime, the Goochland Sheriff's Office received a call from a Whitehall Rd. resident during the early hours of Oct. 3.
According the Sheriff Jim Agnew, the woman was home alone and reported to deputies that someone had attempted to break into her house by entering through the front door.
The woman called a second time, telling deputies that there was another attempt to enter her home, upon which the woman exercised her Second Amendment rights and drew a pistol on the man.
"She did the right thing," Agnew told the board of supervisors on October 6. "She said, 'Leave, or I'm gonna kill ya.'"
Deputies quickly apprehended Timothy Justin Tirado, 25, of Goochland, who is charged with burglary. At that time, Agnew said deputies had not yet found a passenger who was seen in Tirado's car.
Deputies remained in the area, looking for Tirado's partner.
"Around sunrise, we got a call from another resident off Forest Grove Rd.," Agnew said, "who said somebody was in the basement."
Tirado's partner, Valerie Lee Oliver, 32, of Chesterfield, had emerged from the basement, greeting the homeowner who had just poured herself a cup of coffee to start her morning.
Oliver is charged with breaking and entering with the intent to commit a misdemeanor and petit larceny.
"They were both very intoxicated," Agnew alleged.
A sheriff's report stated that Oliver was wanted for a probation violation from Dinwiddie, and Agnew said both have prior histories.
"Hopefully they'll be going away for a while and won't be bothering us anymore," Agnew said.
Tirado and Oliver were eligible to be released on $5,000 secured bonds. Both are scheduled to appear in Goochland County General District Court on November 23.
Labels: female, intoxication, VA
9/22/09
Traverse City, Michigan
From the Record Eagle of September 22, 2009
Resident expels intruder with handgun
An allegedly drunken man who entered a Traverse City home in the middle of the night found himself at gunpoint.
Aaron TwoCrow, 24, of Suttons Bay, allegedly entered a home on the 800 block of Fern Street at about 4:20 a.m. Saturday, police said. A female homeowner was up rocking her 15-month-old child in the living room when she heard her kitchen door open and saw a stranger in the home.
"She's just sitting there in the dead of night ... and this guy comes in and scares the crap out of her," Traverse City Police Capt. Steve Morgan said.
The woman ran into her bedroom and told her sleeping husband, who retrieved a handgun and confronted TwoCrow. He ran from the house and was arrested without incident as he walked along nearby Hannah Avenue.
TwoCrow allegedly was intoxicated, Morgan said.
Police said TwoCrow has no known past or present connection to the residence, and gave no indication why he decided to go inside.
Such incidents happen occasionally in the city, police said. Homeowners are startled, though it's the intruders who often face the highest risk.
"That's a dangerous situation ... with an armed homeowner," Morgan said. "(Homeowners) don't know what these people's intent is, and you can only assume the worst when someone is coming into your house."
TwoCrow allegedly entered through an unlocked door, as did two intoxicated men who entered Traverse City residences in similar incidents in June. Intoxicated individuals who wander around town late at night "do things that are unexpected and often illegal," Morgan said, and residents are encouraged to lock up before they go to bed.
"The main thing is to keep your door locked," he said. "That would prevent a lot of this stuff from happening."
TwoCrow was charged with misdemeanor illegal entry, Grand Traverse Prosecutor Alan Schneider said.
Labels: intoxication, intruder, MI
9/20/09
Lake Worth, Florida
From the CBS 12 of September 17, 2009
Naked 91-year-old holds burglar at gunpoint
This next homeowner is a force to be reckoned with. He's 91, he was buck naked, but he and his dog decided to go after a would be burglar. He held the man at gunpoint until police arrived. Deputies say they found the would be burglar on the back porch by the pool drunk and trembling, probably not how he thought it would all go down. He got more than he bargained for when he decided to mess with this elderly man and his trusty rottweiler mix. 91-year-old Robert Thompson and his 5-year-old dog Rett tag-teamed a thug trying to break into their Lake Worth home Friday night.
Thompson said, "I think the guy was scared to death, he was screaming."
Thompson jumped out of bed, totally naked he went to go check things out with Rett by his side.
He said, "I started to let him out the door and he was so anxious he got caught in the door."
According to the Palm Beach County Sheriff's Office 26-year-old Jose Pascual was the man on the porch. Rett pinned Pascual, but this purple heart World War Two Veteran wanted back-up.
Thompson said, "I went in and got my cell phone and dialed 911 and got my gun."
Thompson says Pascual was coming toward him so he fired a shot. Authorities say he held the drunk intruder at gunpoint until deputies arrived, but he's giving his best bud Rett all the credit for the happy ending.
He said, "He's the hero."
Pascual was arrested, Thompson was taken to the hospital. One of the shots he fired ricocheted giving him a minor battle wound. He hopes the bad guys learned a lesson about messing the boys at 504 North C Street.
"If anyone violates my home they better be careful, that's all I got to say," said Thompson.
Thompson tells us that he has been living alone since his wife passed away 10 years ago, and that having Rett around makes life easier. The suspect in this case is facing burglary charges
Labels: FL, home invasion, intoxication, senior
9/4/09
Chiloquin, Oregon
From KTVZ of September 4, 2009
Chiloquin man shoots intruder
Authorities say a Chiloquin man shot and wounded a neighbor who tried to enter his house.
Sheriff Tim Evinger of Klamath County says 24-year-old Calvin Lee Brown used a pair of 18-inch wooden handles to break Monte Rompal's bedroom window, prompting the 77-year-old man to fire a shot.
Evinger says deputies later found Brown at a nearby house - asleep and drunk with a bullet wound to his left upper arm.
Chiloquin Ambulance took Brown to Sky Lakes Medical Center, where he was in stable condition Thursday.
Evinger says Brown will likely be charged with attempted burglary and criminal mischief.
District Attorney Ed Caleb says it's unlikely Rompal will face charges.
Labels: intoxication, OR, senior, trespassing
9/3/09
Hyrum, Utah
From the Salt Lake Tribune of August 22, 2009
Homeowner shoots suspected prowler in foot
A Hyrum man shot a suspected would-be burglar near his home early Saturday morning.
The 42-year-old homeowner shot a 20-year-old man once in the foot about 2:30 a.m., said Cache County sheriff's Lt. Chad Jensen.
Deputies responding to a prowler call found the 42-year-old standing in a back doorway, holding the 20-year-old at gunpoint next to a tree on the 500 block of Eagle Ridge Drive. The man said he'd fired one shot, but neighbors reported hearing several.
The suspected prowler, who "appeared to be very intoxicated," was taken to Logan Regional Hospital, treated for his injury and released to deputies.
The incident is under investigation.
Labels: intoxication, trespassing, UT
6/18/09
Wichita Falls, Texas
From the Times Record News of June 10, 2009
Police: Suspect treated for gunshot wound then jailed
A man was treated for a gunshot wound to his leg then taken to the Wichita County Jail on assault charges in connection with an incident Monday, said Officer Harold McClure, public information officer with the Wichita Falls Police Department.
Perrion Lavell Warrior, 46, was charged with three counts of aggravated assault family violence in connection with the incident. His bond was set at $60,000 and he was being held Tuesday in the Wichita County Jail.
According to reports:
Police were called to the 500 block of Marconi to check on reports of shots fired about 10 p.m.
Officers talked to a 44-year-old woman who said she was threatened by her live-in boyfriend. She said he was intoxicated and they were arguing in the bedroom.
Her 24-year-old daughter lives next door and came over when she heard the commotion. At about the same time, the victim’s 22-year-old son showed up.
The woman’s children arrived and found the suspect holding a knife to the woman’s throat.
Both children asked the suspect to put the knife down and tried to get him to leave. He threatened them, and said they would all be dead before he left.
The son left the room, came back with a handgun, and shot Warrior once in the left leg.
The suspect was taken to the emergency room in a private vehicle, where police took him into custody and then to jail. His injury was not considered life threatening.
The assault victim’s son does not face any charges for the incident because the shooting was considered self-defense.
Labels: assault, domestic dispute, intoxication, TX
6/10/09
Oakmont, Pennsylvania
From the Pittsburgh Tribune-Review of May 27, 2009
Oakmont police nab shirtless, tipsy home intruder
Oakmont police said they arrested an intoxicated man early Sunday as he attempted to enter a house in which the owner had armed himself.
The man, Brian Adam Witkovitz of Elicker Road, Plum, gave no statements and indicated no motive as to why he tried to enter two houses in the 600 block of Ninth Street about 3 a.m., according to the police report.
Police said officers responded about 30 seconds after the owner of a house called the Allegheny County emergency dispatcher to report a burglary in progress. Officer Joseph Cattani observed Witkovitz, who was shirtless, open the storm door to the attached garage, according to police.
Despite instructions to the contrary from the dispatcher, the homeowner had armed himself in anticipation of meeting the intruder.
Cattani, backed up by another officer, entered the garage and subdued Witkovitz without incident before the suspect entered the house.
Witkovitz has been charged with burglary, criminal attempt, public drunkenness, loitering and prowling at night, disorderly conduct, criminal trespass and simple trespass. He is free on a non-monetary bond.
Oakmont Police Chief Dave DiSanti praised his officers for their quick response.
"They managed to keep the burglar from bumping into the armed homeowner," he said. "You can see how bad it would have been, had there been a confrontation. It took a lot of fortitude for Cattani to enter the garage."
Labels: intoxication, PA, trespassing
5/5/09
Conway, Arkansas
From the Log Cabin Democrat of April 24, 2009
'Case cleared' in shooting of dazed intruder
There will be no charges against any involved in an April 11 incident that resulted in a 20-year-old Conway man being shot in the leg after intruding into a home.
Paul Willey told a Conway Police Department detective Brian Williams that he had been awake for several days and had entered "a hypnotized state."
Willey said this hypnotic trance "is why he was walking on cars and swinging through trees," Williams wrote in a supplementary report released Thursday.
In his apparently dazed state Willey entered a Baxter Drive residence believing that a friend lived there and jumped out of a second-floor window when confronted by a homeowner armed with a Walther PPK .380 caliber handgun.
This homeowner told Williams that he fired two shots "into the ground in an effort to get the suspect to stop" as Willey fled through a neighbor's yard. He said he wasn't aware that one of the bullets had hit Willey in the leg, causing what is described in the report as a "through and through" injury that bled very little. Willey was treated and released by Conway Regional Medical Center that day.
The families of Willey and the homeowner who shot him have "all decided not to pursue charges (against) each other," Williams wrote, and 20th Judicial District Prosecuting Attorney Marcus Vaden has "advised that he will not file charges per the victims' request."
"No further action taken, the case will be exceptionally cleared," the report concludes.
Labels: AR, home invasion, intoxication
4/9/09
Brookings, South Dakota
From April 9, 2009 KELO-TV:
Authorities are investigating a deadly shooting that happened shortly before 2 a.m. Thursday in Brookings.
According to officials, Brookings Police responded to a report that a resident had shot someone breaking into his house early Thursday morning.
Twenty-three-year-old Bradley Joe Odens was found fatally wounded inside the house. Odens was later pronounced dead at the Brookings Hospital.
Police say initial reports indicate Odens may have been confused about where he was, but was warned by the 28-year-old resident that he was at the wrong address. Odens then continued to make forcible entry and was shot by the resident.
Odens lived two houses away from the incident, but police say the two did not know each other.
Labels: home invasion, intoxication, SD
3/13/09
Los Osos, California
From KEYT of March 13, 2009
Suspected Drunk Driver Shot In The Arm By Home Owner
San Luis Obispo Sheriff's Deputies and officers with the California Highway Patrol are investigating a bizarre incident that left one homeowner cleaning up a mess and sent a 18-year-old driver to the hospital with a gunshot wound.
Sheriff Investigators are trying to figure out why Los Osos' resident Chris Saletta shot 18-year-old Nicole Galvez in the arm.
According to Saletta, Galvez plowed her PT Cruiser through Saletta's fence and into the backyard of his home on the 2000 block of Sombrero Road. Saletta says, he awoke to find Galvez driving her car wildly through his back yard and he was forced to shoot her because he thought she would crash her car into his children's bedroom.
Saletta told investigators, the female driver of of the Cruiser collided with a water well pump, ran over his kids bikes and hit the rear porch support to his home. Saletta called 911 to report the rampage then armed himself and tried to approach Galvez.
According to Saletta, Galvez refused to get out of her car and continued to drive towards Saletta's home. Saletta said, fearing for his families safety, he then fired one round from a .22 caliber rifle through the passenger side of the car. He told investigators he fired the shot because Galvez was headed straight for his children's bedroom.
The Cruiser came to an abrupt stop after Saletta fired the shot. Saletta wounded Galvez with a single shot to her upper arm.
Galvez was taken to Sierra Vista Hospital, was treated then arrested on suspicion of drunk driving.
A preliminary investigation by the Sheriff's Department reveals that Saletta lawfully fired his weapon in self-defense.
Labels: CA, intoxication
1/29/09
Colorado Springs, Colorado
From Fox News of January 28, 2009
Headline
A Colorado Springs resident will not be charged for fatally shooting an intruder who tried to break into a home that he apparently thought was his, prosecutors said Tuesday.
James Parsons is protected under Colorado's "Make My Day" law, which allows people to use deadly force in self-defense in their home against intruders, according a statement from the 4th Judicial District Attorney's Office.
Parsons shot 22-year-old Sean Kennedy, an assistant golf pro at a Colorado Springs golf course, on Dec. 28. Kennedy had been drinking that night and apparently thought he was breaking into his own house, which was a block away.
Police handed over the case to the district attorney's office, which determined Parsons had "reasonable belief" that he and his girlfriend were in danger.
Prosecutors said Kennedy broke a window in the back door and was reaching inside to unlock it. Two dogs inside barked persistently as the couple shouted for him to leave. The ordeal lasted more than four minutes.
"A reasonable person in those circumstances would have believed that [Kennedy] was going to do a crime against them or property," said newly elected District Attorney Dan May, who oversaw the review of the shooting.
Kennedy had been drinking at a Colorado Springs golf course, and his blood-alcohol level was more than three times the legal limit for driving in Colorado when he pulled up to the Parsons' house in his pickup truck, The Gazette newspaper reported.
Friends and family members believe Kennedy thought he had arrived at his own home, which he shared with roommates.
He got out of his pickup and began shouting and beating on Parsons' door.
"[Kennedy] continued to beat and pound on the door, during which time the resident told his girlfriend to call 911, and he went into the bedroom to get his gun, a revolver," the DA's office said.
Kennedy went to the back of the house, forced open a screen door, smashed a window and was reaching to unlock the deadbolt, investigators said. Parsons then shot at him three times.
Two bullets went through Kennedy's arm and into his torso, May said.
Labels: accident, CO, intoxication
12/18/08
Malvern, Arkansas
From KTHV of December 17, 2008
Malvern Man Holds Intruder At Gunpoint Until Police Arrive
A Malvern family gets an unexpected visitor in their home and the next to arrive is police.
It started out as a normal morning for the Newborns last Thursday, but as Lester Newborn was getting out of the shower he says his worst fears were realized as he heard his daughter scream "There's someone in the house!"
Lester Newborn adds, "I have no idea what she was planning on doing all I know is she came in my house."
Newborn says the intruder probably walked through the neighborhood looking for an open door or window and happened to find theirs. "I was messing with Christmas lights outside and I left a window unlocked and that's the window she came through."
His daughter Brittney Newborn adds, "She came in through my bedroom window and she took the screen off and she just came in. I heard her making noise in my room I was in another room I just came in to see what it was and she was just standing right there."
Brittney says as she screamed for her dad she left the room and he walked in with a .357 hand gun.
Newborn adds, "We're all blessed because evidentially she was on some kind of drugs or something because she didn't resist at all. The weapon is for protection in my home and I'm glad and thankful I didn't have to shot her."
Malvern Police tell us they do patrol more often during the holidays, but it is up to you to make sure your home is safe and secure and if you have a registered gun you have the right to protect yourself.
Detective Randy Neal with Malvern Police says, "You don't want to take anyone's life and chances are you never know what their intentions are he did the right thing he never pulled the trigger on her."
Detective Neal says they've had a string of robberies this holiday season. He continues, "Just keep everything locked that's a big deterrent usually when we get residential burglaries because it's not locked 90 percent of the time."
The Newborns say they learned their lesson and this Christmas will be especially meaningful.
Brittney says, "It will be different for me because it will make me extra thankful for my family and so thankful that this situation didn't turn out tragically."
Police say the intruder is 30-year-old Jennifer Draper. She's being charged with residential burglary and held on $5,000 bond.
Days earlier in Hot Spring County a homeowner held two intruders at gun point. Police say they had items in their car from previous burglaries.
Labels: AR, home invasion, intoxication
11/20/08
North Pole, Alaska
From the Anchorage Daily News of November 18, 2008
Homeowner opens fire on intruder
A homeowner interrupting a burglary in progress late last week morning opened fire on the intruder as the burglar approached him and his wife, Alaska State Troopers said.
The burglar was not hit by the shots but did sustain minor injuries when he "went through the window" while fleeing the home, troopers said. Responding officers brought in a dog and tracked down a suspect, Bowen Alexander, 18, a short distance from the home, troopers said.
Troopers say Alexander had been drinking when he crashed his vehicle, broke into a home and entered the homeowner's vehicle. For reasons that were not immediately clear, Alexander then fled to the neighboring home, where the homeowner shot at him, troopers said.
Alexander was booked at the Fairbanks Correctional Center on charges of burglary, criminal mischief, driving under the influence, driving with a suspended license, criminal trespass, assault and resisting arrest.
Labels: AK, home invasion, intoxication, street property theft
11/2/08
Broken Arrow, Oklahoma
From the Tulsa World of November 2, 2008
Homeowner opens fire on intruder
A 19-year-old man was shot several times by a homeowner Saturday night after he reportedly broke into the home, police said.
The victim, Stephen Richardson, was taken to an area hospital, where his condition was not immediately available.
Authorities said officers were dispatched at 9:40 p.m. to the home in the 3100 block of West Norman Circle.
Officers said Richardson reportedly was drunk when he entered the house, where the homeowner shot him.
Maj. Mark Irwin said Richardson “thought he was breaking into his (own) house.”
He said he wasn’t sure whether Richardson lived in the vicinity. Officers attempted to interview Richardson, but he was too drunk to be coherent, Irwin said.
Police are investigating the shooting.
Labels: intoxication, OK
Pennsylvania, Alabama
From the WTVY of November 2, 2008
Granny Shoots Intruder
An investigation is underway in Pennsylvania after police say a 75-year-old
granny shot a man who allegedly broke into her home.
The woman was sleeping upstairs, when an intoxicated man entered her home. She first asked him politely to leave, but when he proceeded up the stairs she grabbed her 38 caliber revolver and shot the man in the groin.
Turns out the man lives nearby and accidentally walked into the wrong house.
Police are investigating the case, but so far no charges have been filed.
Labels: AL, female, home invasion, intoxication, senior
10/17/08
Tulsa, Oklahoma
From Fox23 of October 17, 2008
Tulsa Homeowner Shoots Man Trying To Break Into House
A Tulsa homeowner shoots a man police say was causing all sorts of problems near 34th & Riverside.
Shortly before midnight, police were called to Riverside Drive because a man was seen screaming and shouting at cars driving by.
About 10 minutes later, police received another call from a homeowner about the man trying to break into his house.
The homeowner was on the phone with a 911 operator and told police he had a gun. He left the phone off the hook and the operator heard several shots fired.
The homeowner told police the man had to break into his home and was shouting threats at him.
That’s when he grabbed his gun and opened fire, hitting the man in the right leg.
"When officers arrived, they found him in the flower bed at the front of the house and he still had enough energy to fight and resist officers. It took a few officers to get him into custody, but he was eventually placed in handcuffs,” says Captain Richard Alexander.
The man was taken to St. John Medical center with non-life threatening injuries. Police say the man was still very drunk. The man could possibly face charges of first-degree burglary and maybe charges on the other houses that he tried to break into. Police say it also look like he tried to vandalize a car.
Police say because the homeowner was in fear for his life he could be protected under the “Make My Day” law against unlawful intrusion.
Labels: home invasion, intoxication, OK
10/9/08
Orlando, Florida
From Fox News of October 9, 2008
Florida Man Shot Entering Home Mistaken as His Own
A 24-year-old Orlando man was shot twice after accidentally entering a neighbor's home, thinking it was his own.
The Orange County Sheriff's Office said James Conway was in stable condition Thursday. Deputies were called to a suspected burglary and found Conway moaning on the floor, saying he'd been shot in his own town house.
Investigators said 61-year-old Berty DeGuzman admitted firing at Conway. He said he thought he was being robbed.
Conway was alert, but allegedly told investigators he had been drinking.
Deputies did not immediately recommend charges against either man. In Florida, it is legal to use deadly force if a person feels they are being threatened by an intruder or attacker.
Labels: FL, home invasion, intoxication
8/23/08
Boise, Idaho
From the Idaho Statesman of August 21, 2008
Boise man arrested after handgun standoff on Table Rock
A 37-year-old Boise man is being held in the Ada County Jail on a felony aggravated assault charge after a handgun standoff late Wednesday night on Table Rock.
Damon Glenn Smith was also charged with felony DUI and misdemeanor resisting arrest after the incident, which occurred at 11:48 p.m. Wednesday on top of the Table Rock mesa, a popular sightseeing spot overlooking Boise.
Witnesses told police the trouble started when a car passed Smith’s truck as both vehicles were on the way up to the top of Table Rock.
Witnesses said when Smith got to the top of the mesa, by the giant fluorescent cross which overlooks the city, he got out of his truck and pulled out a handgun, first threatening the driver of the other car, and then pointing it at other people on top of the mesa and threatening them.
At that point, witnesses said the driver of the car Smith first threatened pulled out a 9 mm handgun, pointed it at Smith, and told him he was going to disarm him. That man then took the handgun from Smith and determined it was fake.
Witnesses told police Smith got into his truck and tried to drive away but was stopped by police, who were responding to a 911 call about the fight.
Smith, who appeared visibly intoxicated had a hard time standing and failed field sobriety tests, according to police reports.
When officers went to take him into custody, Smith resisted arrest and had to be physically restrained, Boise Police spokesman Charles McClure said.
The other man involved in the confrontation displayed his handgun legally and police determined he was fully within his rights to defend himself at the time, McClure said.
Labels: altercation, ID, intoxication, road rage
7/6/08
Lake Saint Louis, Missouri
From the St. Charles Journal of June 27, 2008
Lake Saint Louis man shoots neighbor he thought was intruder
A Lake Saint Louis man says he shot an intruder that turned out to be his neighbor.
Police said they received a call around 5:30 a.m. Thursday morning from the homeowner, who lives alone in the Harbor Town condominiums located on the western edge of Lake Saint Louis. They arrived to the scene to find the next-door neighbor laying on the floor, shot in the knee and pelvis.
When questioned by police, the homeowner said he was sleeping upstairs when he heard a noise, grabbed his gun and found a person in his downstairs kitchen. The homeowner warned the man three times to not move or he would shoot, police said, but the man continued to approach the homeowner, who was on the staircase.
Police said they suspect the man had been drinking, as his speech was slurred and he smelled of alcohol. He was taken to SSM St. Joseph’s Hospital in St. Charles and is expected to recover.
The case is still under investigation, and the names of both men were not released. Police do not suspect the homeowner of foul play.
Labels: home invasion, intoxication, MO
6/27/08
San Bernardino, California
From the Press-Enterprise of June 26, 2008
Homeowner justified in shooting drunken man, S.B. County district attorney's office finds
A 53-year-old San Bernardino homeowner, fearful that he was dealing with a dangerous burglar, was legally justified in killing a drunken man during a 3 a.m. confrontation on the homeowner's front walkway, prosecutors said Thursday.
The finding of justifiable homicide means that no criminal charges will be filed against Brad Nielsen for the June 15 slaying of Joshua Munoz, 23, in the Devil Canyon area of northwest San Bernardino.
Munoz died of a single gunshot wound to the chest. Nielsen wasn't arrested.
"He believed that someone was trying to break into his house," San Bernardino County Supervising Deputy District Attorney Rick Young said. "When he saw (Munoz) near his vehicle, he was justified in confronting him.
"Possibly due to his intoxication, the deceased did not respond in a manner to de-escalate the situation but, instead, began approaching the homeowner who -- at gunpoint -- told him several times to stop."
Nielsen feared for his safety and the safety of his wife and child, he told police.
"He felt that if he let the subject get any closer, they would be in a fight for the gun," Young said by phone. "This tragic homicide was legally justified in self-defense and the defense of others."
Munoz had been drinking and had passed out in his Honda Civic that night, investigators have said.
The car was parked in front of his girlfriend's home and across the street from Nielsen's two-story home in the 6400 block of North Ventura Avenue.
Efforts to reach Nielsen and Munoz's girlfriend and aunt on Thursday were unsuccessful.
"He was a kid who drank too much and walked into the wrong yard," Cindy Ledbetter, the mother of Munoz's girlfriend, said earlier. "The whole thing is senseless."
Nielsen was awakened by noises, armed himself with a pistol and walked outside to investigate, police have said.
It remains unclear why Munoz was on Nielsen's property.
"He probably got disoriented and thought he was going into his girlfriend's house," Young Said. "It's a tragedy."
Labels: CA, intoxication, trespassing
4/29/08
Lexington, Kentucky
From the Lexington Herald-Leader of April 29, 2008
Man who was shot during attempted break-in dies
A man trying to break into a Lexington home early Tuesday died from injuries after a resident shot the man through the front door, Lexington police said.
About 6 a.m., a male resident at 2700 Chelsea Woods Court off Todds Road called police, saying he’d shot someone trying to break in through the front door, Lexington police Lt. Thomas Curtsinger said.
The resident, who has not been identified, told police that he was home with his girlfriend and brother when he heard someone trying to kick in the front door.
Armed with a handgun, the resident shot through the front door, striking the man once in his upper body, Curtsinger said.
The man was lying on the front porch near the home’s entrance when police arrived. Police do not think the man was armed.
The man, whose identification has not been released, was taken to University of Kentucky Hospital, where he died a short time later.
Curtsinger said the victim was a 36-year-old man who, according to vehicle registration, was from Woodford County. The victim’s white Dodge RAM 2500 was towed from the driveway of a vacant house across the street a few hours after the shooting.
The resident told police he did not recognize the man who tried to enter his house.
Curtsinger said Tuesday morning that it was too early for him to say whether the man who fired the handgun would face any charges.
From the Bluegrass Beat (Lexington Herald-Leader) of August 22, 2008
Grand jury declines to indict shooter
A Fayette County grand jury on Thursday declined to charge a man who shot and killed a man in April who was beating on his front door.
Tadarvis Gardner, 22, told police he was at his home, on Chelsea Woods Court, when he heard what he thought was someone trying to kick in the front door.
Gardner shot through the front door, fatally striking Andreas Lobsiger once in his upper body, police said.
Lobsiger, 36, who was unarmed, apparently had confused the house with a friend’s home that was three houses down, friends said. Lobsiger had been outside sleeping in a truck after a night of drinking.
Prosecutors presented the case to a grand jury this week. It declined to issue an indictment.
Labels: home invasion, intoxication, KY
1/13/08
Huntsville, Alabama
From the Huntsville Times of January 13, 2008
Man killed entering wrong apartment
A Huntsville man was killed early today when he entered the wrong apartment and was shot by its resident.
According to Huntsville police spokesman Wendell Johnson, about 12:07 a.m. north precinct officers were called to a shooting at 1002 Webster Drive. When they arrived, they found the body of Gary Lee McCarty, 34, at the rear of Apartment B.
A preliminary investigation by the major crimes unit showed McCarty had been drinking and locked himself out of his apartment.
When McCarty tried to crawl through the rear window of what was the wrong apartment, he was fatally shot by the resident who thought McCarty was a burglar, Johnson said. The resident's name was not released.
Charges were not filed against the resident, Johnson said.
The evidence will be presented to the Madison County district attorney's office to be considered by a grand jury, Johnson said.
Further links:
Man shot to death early Sunday morning
Labels: AL, home invasion, intoxication
1/6/08
State College, Pennsylvania
From the Centre Daily Times of January 6, 2008
Man charged with trying to enter home
A College Township man faces criminal charges after he ignored an apparent warning shot while entering a State College home early Saturday morning.
According to State College police, Nathan Wagner, 21, of 709 W. Cherry Lane, had broken a door window of a North Atherton Street residence about 2:30 a.m. and was trying to come inside when the homeowner confronted him with a shotgun and told him to leave.
Wagner persisted, police said, and the homeowner fired a shot into an interior wall. Police, called by the homeowner’s wife before the shot, said they arrived to find Wagner still trying to open the door.
As Wagner was taken into custody, police said, he appeared intoxicated, registered a blood-alcohol content of .22 and told officers he thought he was at a friend’s house for a party.
Arraigned before District Justice Carmine Prestia, Wagner was charged with criminal trespass, criminal mischief, public drunkenness and disorderly conduct. He was jailed at the Centre County Correctional Facility on $10,000 bail.
Labels: home invasion, intoxication, PA
12/2/07
Corpus Christi, Texas
From KRIS of December 1, 2007
Neighbors Chase, Draw Gun on Intruders
A drunken man was arrested Friday night after going on a crime spree while riding his bike near Oso Bay.
Police said the man first held up a group of kids at a Flour Bluff apartment complex with a knife.
Then, one of the kid's relatives followed the man to a Paul Jones neighborhood and tried to chase him out of two homes.
The romp ended with a gunshot.
Before then, Carol Wright was hanging Christmas lights outside when two men suddenly ran around the side of her house.
Wright said a 24-year-old man "pushed me against the wall, went in the house, closed and dead-bolted the door. I heard the lock."
Police said the man who pushed his way into Wright's home was running from another man after an attempted stabbing at the Wharf Apartments.
Officers said the man was drunk when he rode his bike up to a group of kids there.
"They were out playing in the park," said Capt. John Houston of the Corpus Christi Police Department. "He then pulled out what they describe as looking like a machete or large knife. The guy threatened him. He swung at one of the kids, allegedly."
A couple of the kids ran into an uncle's apartment nearby. The uncle, in turn, chased the drunken man to Wright's home off of Paul Jones.
The man bolted out of that home and barged into a couple's home next door.
"They ran to the front door to keep him from coming in," Houston said. "He started yelling that there was people trying to kill him and that they had guns. They called 911."
The homeowner eventually got the other man out of his home. But by that time, the kids' uncle was pounding on his front door.
The homeowner fired a shotgun into the air to get them both off of his property.
Police later arrested the drunken bicycle rider.
After watching the ordeal play out, Wright was not quick to get back to her Christmas decorating.
"I've decided," Wright said, "my lights are going up in the morning."
Labels: home invasion, intoxication, TX
10/18/07
Chicago, Illinois
From the Chicago Tribune of October 18, 2007
No charges for man who shot drunk U. of C. student
A man who shot a threatening University of Chicago student in the chest Wednesday night acted in self defense and will not be charged, authorities said today.
The student, who was reported to be in critical condition, threatened to hit a fellow apartment-building dweller with a vodka bottle and kicked in the door of the man's Hyde Park apartment, police said.
The incident began about 7:30 p.m. as the student and shooter were riding together in an elevator of their apartment building in the 5400 block of South Cornell Avenue, Chicago Police Officer Laura Kubiak said.
The 24-year-old student, who was drunk and carrying a vodka bottle, followed the man out of the elevator and down the hall, threatening to "hit him in the head with the bottle," Kubiak said. As the man entered his apartment, the student kicked the door and pushed it open, continuing to yell threats, she said.
The apartment's resident retrieved a handgun and shot the student once in the chest as he entered the apartment, Kubiak said.
The student was taken to Stroger Hospital, where he was in critical condition as of Wednesday night, Kubiak said. An update on his condition was not available this morning.
Detectives questioned the gunman, who was released without charges after prosecutors decided he had acted in self-defense, according to Kubiak.
Labels: assault, home invasion, IL, intoxication
9/4/07
Dallas, Texas
From the Dallas Morning News of September 4, 2007
Carter Albrecht, musician with Sorta, New Bohemians, dies in shootingFrom Corpus Christi’s KRIStv.com of September 4, 2007
The local music community was left stunned Monday by the fatal shooting of a well-known musician who authorities say beat up his girlfriend and then tried to kick in a neighbor's door in an apparent drunken rage.
Jeffrey Carter Albrecht, 34, died early Monday after being shot in the head by the neighbor, who thought he was a burglar. Police said the girlfriend had bruises on her face but did not suffer serious injuries. The couple did not have a history of domestic violence, police said.
Mr. Albrecht, who went by his middle name, was a guitarist and keyboardist best known for his work with the Dallas rock band Sorta as well as with Edie Brickell & New Bohemians.
"It's a sad day for Dallas music," local concert promoter Mike Snider said. "He was a musical genius, a real prodigy — everything came to him naturally. He was an incredible instrumentalist — when he played, you could really see the joy he got out of playing."
According to police, Mr. Albrecht and his girlfriend had been partying at a Greenville Avenue bar. He had gotten drunk, and she had driven them to her home in the 9000 block of Santa Clara Drive, just east of White Rock Lake, police said.
The girlfriend told police that Mr. Albrecht slammed a drinking glass on a table, cutting his hand. He then struck the girlfriend in the face several times with his fist, knocking her to the floor at about 4 a.m. Monday, the report said.
He hit her in the back while she was on the floor, the report said. She broke away from Mr. Albrecht and ran outside. He followed her, according to the report. She then went around to the back yard and through the back door, locking Mr. Albrecht out, the report said.
Mr. Albrecht "attempted a few times to gain access to the … residence by knocking and banging on the door," but could not get in, the report said. Police believe Mr. Albrecht then went to the back of nearby neighbor's home.
The neighbor told police "he was awakened when he heard his wife screaming that someone was breaking into the house." The man was kicking and banging at the door, and the homeowner yelled at him to stop.
When the man, identified as Mr. Albrecht, didn't stop, the homeowner who was armed with a handgun "shot one time at the top of the door," the report said.
"He was trying to shoot over his head to scare him away," but Mr. Albrecht "is rather tall," said Sgt. Larry Lewis, a homicide supervisor, estimating the musician's height to be 6-foot-5.
Mr. Albrecht was shot once time in the head and died at the scene.
Police did not release the name of the homeowner who shot Mr. Albrecht. Investigators said the case will be referred to the grand jury to determine whether any charges will be filed.
A new law, nicknamed the "Castle doctrine," eliminates the requirement that someone has to retreat before using deadly force to defend themselves. The law already allows a person to use deadly force to prevent someone from committing a break-in at night.
Dallas police believe shooting of keyboardist was self-defense
The shooting death of a member of Edie Brickell and New Bohemians appears to fall under state law permitting deadly force in self-defense, police and prosecutors said Tuesday.
A grand jury will decide whether the man who shot Jeffrey Carter Albrecht will be indicted, but Sgt. Larry Lewis said Dallas police aren't pursuing charges.
Police said Albrecht, 34, was inebriated and had been fighting with his girlfriend Monday before he was shot by a neighbor of the girlfriend.
"I am heart broken," Edie Brickell wrote in an e-mail to The Associated Press on Tuesday.
The neighbor, who was not immediately identified, woke up around 4 a.m. to his wife screaming that someone was breaking into the house, police said. The neighbor yelled through the door for Albrecht to leave and then fired his handgun through the door, hitting Albrecht in the head.
"He yelled several verbal warnings, 'I'll shoot! I'll shoot!'," Lewis said. "From what we gather, he fired near the top of the door, hoping he would scare the person away."
The homeowner was not arrested.
The shooting came two days after the enactment of a new state law, nicknamed the "Castle Doctrine," that gives Texans a stronger legal right to defend themselves with deadly force in their homes, cars and workplaces.
Lewis, however, said the shooter appeared to be protected under an earlier law that allows a person to protect their property with deadly force to "prevent the other's imminent commission ... of criminal mischief during the nighttime."
Dallas District Attorney Craig Watkins said that in shootings like this, he'd be surprised to see a grand jury return an indictment.
"In an incident like that you're well within your rights under the old law, as well as the new one, to use deadly force," Watkins said.
Labels: intoxication, intruder, TX
7/13/07
Oklahoma County, Oklahoma
From July 12, 2007 NewsOK.com:
‘I just kind of cringed'
Caley, 38, had just finished a late-night shift of hunting down bail jumpers and had bought some food at the Whataburger on May Avenue, just south of I-44, Tuesday morning. The father of two got onto I-44 eastbound, and by the time he got to Pennsylvania Avenue, he had noticed a truck swerving, he said.
He followed, and as they neared northbound I-35, Caley said he knew he was tailing a drunken driver. He called 911 and got on the line with an Oklahoma Highway Patrol dispatcher. He can be heard on the 911 recording telling the dispatcher:
"I'm following a drunk driver. He's on the shoulder.”
A second later, Caley's voice intensifies as he tells the dispatcher there's been an accident, that the driver has hit two cars parked along the interstate's shoulder.
"I think there's a fatality. Yup, there's a fatality. There's a guy underneath the car. I don't think he made it.”
"As I watched it happen, I just kind of cringed,” he said Wednesday.
Caley and the pickup driver pulled over. Caley was closest to the accident. The pickup's hazard lights flicked on and Caley turned to go help the injured. He thought the pickup driver was going to follow, but he didn't.
"Hey, hey, hey ... the guy's running. The guy's running. He's on foot. He's going into the grass.”
Still on the phone with the dispatcher, Caley jumped back into his truck and gave chase across the ditch, quickly closing the 500-yard head start the man had on him. He jumped out of the truck, ran down a ditch and grabbed the man, who struggled.
Caley's cell phone was on his front seat, capturing everything on the 911 recording.
"Get on the ground. Get on the ground. I got him right now.”
Caley said Wednesday he dragged the man up the side of the ditch and eventually had to pull his weapon, which was under the seat of his truck.
Labels: intoxication, nl, OK
1/7/06
Rancho Cucamonga, California
From the Los Angeles Times of January 7, 2006
Oxnard Man Who Broke Into Apartment Is SlainFrom the Wilkes-Barre (PA) Times-Leader of January 10, 2006
An Oxnard man who broke into the bedroom of a Rancho Cucamonga apartment early Friday morning was shot and killed by one of the occupants — a prison counselor for the state Department of Corrections, authorities said.
The intruder, Hector Soto, 21, of Oxnard, died less than three hours after being shot and undergoing surgery at Arrowhead Regional Medical Center in Colton, the San Bernardino County coroner said.
The San Bernardino County Sheriff's Department did not release the prison counselor's name. He will not be charged, a spokeswoman said.
The break-in occurred about 2:50 a.m. Sheriff's homicide investigators said Soto opened a front window to enter the apartment in the 8400 block of Fir Street, and walked to a bedroom. The prison counselor fought with Soto and then pulled a pistol from his nightstand, sheriff's investigators said.
When Soto advanced, the prison counselor shot Soto one time, investigators said.
Man fatally shot after entering wrong home
An intoxicated man who was shot to death last week in an apartment mistook a neighbor's unit for his own and broke in when his key wouldn't work, authorities said.
Hector Soto, 21, had recently moved to the apartment complex and had been out celebrating his upcoming graduation from a trade school, his stepfather, Robert Ward, said Monday.
Soto was "fairly well intoxicated" when his friends drove him home early Friday, said San Bernardino County Sheriff's Sgt. Tom Bradford. All the buildings in the complex look the same, he said.
Soto got into the wrong apartment through an open front window and headed to the bathroom, where he encountered the resident, a 65-year-old state prison counselor, authorities said.
They scuffled and the resident, thinking Soto was an intruder, shot him once. The shooter will not be charged, Bradford said.
"It's tragic. A real mess," he said. "I don't believe Soto intended to hurt anybody."
Labels: CA, intoxication, residence burglary, senior
